Tag Archives: Traffic Offenses

A defendant who sped through Roanoke County and Salem City to get away from police cannot be charged in both jurisdictions with felony eluding police; because he was acquitted of the charge in Roanoke County, the charge in Salem likewise ...

A DUI defendant convicted under a local Virginia Beach ordinance had to name the locality, as an indispensable party, in his notice of appeal of the conviction, and the Supreme Court affirms dismissal of the appeal. The similarity of the ...

A magistrate judge for the Richmond U.S. District Court says a defendant seated in the driver’s seat of his pickup truck, which was running, was in actual physical control of the vehicle and operating it as defined by 36 C.F.R. ...

The facts were different, but in two tort cases today the Supreme Court of Virginia re-emphasized that courts should not dismiss cases too early in the process. In one, a tenant filed suit against his landlord and a management company ...

On rehearing en banc, the Court of Appeals split 6-5, upholding the defendant’s conviction because he volunteered to take a breath test before he was informed of the implied consent statute. Defendant crashed his pickup truck on the private road ...

The Supreme Court of Virginia issued two unpublished orders today, one reaffirming the rule that you can’t get more than you sue for and the second holding that the fourth-offense drunken driving statute permits both a prison term and a ...

A bill to broaden Virginia’s "move-over" law has advanced in the House of Delegates. The current law requires drivers to move to the left when approaching a stopped police, fire or rescue vehicle with flashing lights. (Slowing down generally is ...

A defendant who objected at his third offense DUI trial to admission of the DMV transcript on the ground that it was inadmissible hearsay and the commonwealth failed to prove he was represented by counsel in the prior proceeding, did ...

Although a DUI defendant contends the commonwealth failed to comply with Va. Code § 18.2-268.2 by effecting his arrest within three hours of the alleged offense of DUI before requiring his submission to a blood test, a Fairfax Circuit Court ...

The Supreme Court of Virginia reverses the portion of a judgment that admitted evidence of defendant’s refusal to take a blood or breath test as evidence of consciousness of guilt; but the Court of Appeals did not err in deciding ...